[HISTORY: Adopted by the Board of Trustees of the Village of East Williston 5-9-1988 by L.L. No. 2-1988 as Ch. 32 of the 1988 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 125.
Uniform Code enforcement — See Ch. 142.
Zoning — See Ch. 160.
This chapter shall be known and may be cited as the "Environmental Quality Review Law of the Village of East Williston, New York."
A. 
Generally. The terms and words used in this chapter shall have the same meaning as such terms and words are defined in Article 8 of the Environmental Conservation Law and Part 617, unless the context requires a different meaning.
B. 
Specific terms. The following terms shall have the following meaning:
EAF
Environmental Assessment Form.
EIS
Environmental Impact Statement.
PART 617
The rules and regulations set forth in 6 NYCRR 617.
SEQR
The State Environmental Quality Review Act as set forth in Article 8 of the Environmental Conservation Law.
VILLAGE
The Village of East Williston.
The purpose of this chapter is to implement for the Village of East Williston SEQR and Part 617.
No action, other than an exempt, excluded or Type II action, shall be carried out, approved or funded by any agency, board, body or officer of the Village of East Williston unless it has complied with SEQR, Part 617 to the extent applicable and this chapter.
A. 
Preparation of EAF. An EAF shall be prepared by or on behalf of any agency, board, body or officer of the Village of East Williston in connection with any Type I action such agency, board, body or officer contemplates or proposes to carry out directly. For an unlisted action an EAF in a short or long form may be prepared to facilitate a preliminary determination of environmental significance.
B. 
Preliminary determination; time limit. An application for permit or funding of a Type I action shall be accompanied by an EAF and for an unlisted action may be accompanied by a short or long EAF as may be needed to assist the lead agency in making a preliminary determination of environmental significance. An applicant may prepare a draft EIS to accompany the application in place of the EAF. In lieu of an EAF the Board of Trustees or a lead agency having authority to adopt its own regulations may adopt a different procedure for reviewing environmental significance of unlisted actions. The lead agency shall make a preliminary determination of environmental significance of the action on the basis of the EAF or draft EIS or, with respect to unlisted actions, in accordance with its own procedures, as the case may be, and such other information it requires. Such determination shall be made within 15 days of its designation as lead agency or within 15 days of its receipt of all information it requires, whichever is later. For Type I actions a negative declaration shall be noticed and filed as provided in Part 617.10(a)(2); for unlisted actions a negative declaration shall be sent to the applicant and maintained in accordance with Part 617.10(a)(1). After a negative declaration, the action, including one involving a permit or funding, shall be processed without further regard to SEQR, Part 617 or this chapter.
C. 
Computation of time limit. The time of filing an application for approval or funding of an action shall commence to run from the date the preliminary determination of environmental nonsignificance is rendered, or if in lieu of an EAF the applicant prepares a draft EIS, from the date the applicant files a draft EIS acceptable to the lead agency.
If the lead agency determines that an EIS is required, it shall proceed as provided in Part 617.7, 617.8, 617.9 and 617.10. Commencing with the acceptance of the draft EIS, the time limitation for processing the application for approval or funding of the action, and a public hearing on the draft EIS, if any, shall be held concurrently with any hearing to be held on such application. The draft EIS shall be prepared by the applicant. Failure by the applicant to prepare an EIS acceptable to the lead agency shall, at the option of the lead agency, be deemed an abandonment and discontinuance of the application.
The lead agency shall be determined and designated as provided in Part 617.6, except that in the following Type I and unlisted actions the lead agency shall be as provided herein:
A. 
Adoption, amendment or change in zoning regulations not requiring a federal or state agency permit or approval: the Board of Trustees.
B. 
Construction or expansion of village buildings, structures and facilities within the village not requiring a federal or state agency permit or approval: the Board of Trustees.
C. 
Variances not requiring a federal or state agency permit or approval: the Zoning Board of Appeals.
D. 
Purchase, sale and lease of real property by the Village of East Williston not requiring a federal or state agency permit or approval: the Board of Trustees.
E. 
Planned unit development or cluster zoning not requiring a federal or state agency permit or approval: the Village Planning Board.
F. 
Site plan review and special use permit not requiring a federal or state agency permit or approval: the Village Planning Board.
G. 
Construction or expansion of nonresidential facility not requiring a federal or state agency permit or approval: the Village Planning Board.
H. 
Parking lot not requiring a federal or state agency permit or approval: the Village Planning Board.
The Village Planning Board shall act as the village clearinghouse for lead agency designation. Such clearinghouse shall assist agencies and applicants to identify other agencies, including federal and state, that may be involved in approving, funding or carrying out Type I and unlisted actions. The clearinghouse shall also make recommendations on the designation of a lead agency.
Environmental review of actions involving a federal agency shall be processed in accordance with Part 617.16.
The fees for review or preparation of an EIS involving an application for approval or funding of an action shall be $50 for filing the application and 1/2 of 1% of the cost of the project for the cost of preparing the EIS if done by the village. In addition, the applicant shall pay the actual cost of the publication of notices. The village, in its discretion, may direct the applicant to prepare the EIS.
Critical areas of environmental concern may be designated by resolution of the Board of Trustees in accordance with Part 617.4(h).
The following are deemed Type I actions in addition to those set forth in Part 617.12: None.
The following are deemed Type II actions in addition to those set forth in Part 617.13:
A. 
Construction or alteration of a single- or two-family residence and accessory appurtenant uses or structures not in conjunction with the construction or alteration of two or more such residences.
B. 
The extension of utility facilities to serve new or altered single- or two-family residential structures or to render service in approved subdivisions.
C. 
Construction or alteration of a store, office or restaurant designed for an occupant load of 20 persons or fewer, if not in conjunction with the construction or alteration of two or more stores, offices or restaurants.
D. 
Actions involving individual setback and lot line variances and the like.
E. 
Agricultural farm management practices, including construction, maintenance and repair of farm buildings and structures and land use changes consistent with generally accepted principles of farming.
F. 
Operation, repair, maintenance or minor alteration of existing structures, land uses and equipment.
G. 
Restoration or reconstruction of a structure in whole or in part being increased or expanded by less than 50% of its existing size, square footage or usage.
H. 
Repaving of existing highways not involving the addition of new travel lanes.
I. 
Street openings for the purpose of repair or maintenance of existing utility facilities.
J. 
Installation of traffic control devices on the existing streets, roads and highways other than multiple fixtures on long stretches.
K. 
Mapping of existing roads, streets, highways, uses, ownership patterns and the like.
L. 
Regulatory activities not involving construction or changed land use relating to one individual, business, institution or facility such as inspections, testing, operating certification or licensing and the like.
M. 
Sales of surplus government property other than land, radioactive material, pesticides, herbicides, or other hazardous materials.
N. 
Collective bargaining activities.
O. 
Operating, expense or executive budget planning, preparation and adoption not involving new programs or major reordering of priorities.
P. 
Investments by or on behalf of agencies or pension or retirement systems.
Q. 
Actions which are immediately necessary for the protection or preservation of life, health, property or natural resources.
R. 
Routine administration and management of agency functions not including new programs or major reordering of priorities.
S. 
Routine license and permit renewals where there is no significant change in preexisting conditions.
T. 
Routine activities of educational institutions which do not include capital construction.